Section R. 420.801 - DefinitionsRule 1.
(1) As used in these rules:(a) "Acts" refers to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967, when applicable.(b) "Administrative hold" means a status given to marihuana product by the agency during an investigation into alleged violations of the acts and these rules. This status includes no sale or transfer of the marihuana product until the hold is lifted.(c) "Administrative procedures act" means the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.(d) "Agency" means the marijuana regulatory agency.(e) "Another party" or "other party" means an individual or company with which a licensee contracts to use the individual or company's intellectual property or to utilize management or other services provided by the individual or company.(f) "Bureau of fire services" or "BFS" means the bureau of fire services in the department of licensing and regulatory affairs.(g) "Contested case hearing" means an administrative hearing conducted by an administrative law judge within the Michigan office of administrative hearings and rules on behalf of the agency pursuant to the acts and these rules.(h) "Employee" means a person performing work or service for compensation. "Employee" does not include a person providing trade or professional services who is not normally engaged in the operation of a marihuana business.(i) "Licensing agreement" means any understanding or contract concerning the licensing of intellectual property related to marihuana products between a licensee and another party.(j) "Management agreement" means any understanding or contract between a licensee and another party for the provision of management or other services that would allow the other party to exercise control over or participate in the management of the licensee or to receive more than 10% of the gross or net profit from the licensee during any full or partial calendar or fiscal year. A management agreement does not include an agreement for the reasonable payment of rent on a fixed basis under a bona fide lease or rental obligation unless the person exercises control over or participates in the management of the marihuana business.(k) "Marihuana business" means both a marihuana facility under the medical marihuana facilities licensing act, or a marihuana establishment under the Michigan Regulation and Taxation of Marihuana Act, or both.(l) "Marihuana business location plan" means a marihuana facility plan under the medical marihuana facilities licensing act or a marihuana establishment plan under the Michigan Regulation and Taxation of Marihuana Act, or both.(m) "Marihuana license" means a state operating license issued under the medical marihuana facilities licensing act or a state license issued under the Michigan Regulation and Taxation of Marihuana Act, or both.(n) "Marihuana tracking act" means the marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904.(o) "Medical marihuana facilities licensing act" or "MMFLA" means the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.(p) "Michigan Medical Marihuana Act" means the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430.(q) "Michigan Regulation and Taxation of Marihuana Act" or "MRTMA" means the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967.(r) "Parties" means a licensee and another party pursuant to a licensing agreement or management agreement.(s) "These rules" means the administrative rules promulgated by the agency under the authority of the medical marihuana facilities licensing act, the marihuana tracking act, the Michigan Regulation and Taxation of Marihuana Act, and Executive Reorganization Order No. 2019-2, MCL 333.27001.(2) Terms defined in the acts have the same meanings when used in these rules unless otherwise indicated.Mich. Admin. Code R. 420.801
2020 AACS; 2022 MR 5, Eff. 3/7/2022